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Jacqueline Dormer/Staff Photo
Joshua Shamonsky, owner of Shakey's Gun Shop, Orwigsburg, shows a Glock 19 9mm Special Limited Edition with a night sight Wednesday. Gov. Tom Corbett signed into law an expansion of the state's Castle doctrine regarding the use of deadly force in self-defense.

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While Schuylkill County's legislators unanimously backed the bill that expanded the Castle doctrine allowing deadly force for self-defense, law enforcement professionals show more caution in judging the new law.

"I'm going to reserve comment on this until I read the entire bill," Pottsville police Chief Joseph H. Murton V said Wednesday, the day after Gov. Tom Corbett signed the legislation that allows people to use deadly force, without first retreating, outside their homes or businesses.

However, Minersville police Chief Michael Combs believes the new law will help law-abiding Pennsylvanians.

"I support the bill," he said Wednesday. "I think we should not have individuals being forced into situations where they have to be retreating from a threat."

Corbett signed the bill after the state House and Senate approved it by large majorities, which include all four Schuylkill County legislators.

"I think it gets us back to common sense," said state Rep. Mike Tobash, R-125. "Someone who is in harm's way should be able to defend themselves."

The new legislation, which goes into effect in 60 days, takes an ancient legal maxim and extends its effect.

"A man's home is his castle and, hence, he may use all manner of force including deadly force to protect it and its inhabitants from attack," is how Black's Law Dictionary defines the Castle doctrine.

Traditionally, the doctrine has been limited to people defending their homes, although many states, including Pennsylvania, have extended it to allow people to protect their businesses.

Pennsylvania's new law goes beyond that, allowing people to use deadly force if they are threatened in public places where they have a right to be.

"As an avid outdoorsman, gun owner, life member of the NRA (National Rifle Association) and U.S. Marine, I am a strong supporter of the Second Amendment to the Constitution and I believe the Castle doctrine gives every law-abiding citizen the right to defend themselves," said state Rep. Neal P. Goodman, D-123.

The theme of offering protection to ordinary citizens also lies behind the support given to the bill by state Sen. David Argall, R-29, and state Rep. Jerry Knowles, R-124.

Three other local police chiefs, Michelle Ashman of Frackville, Stanley Brozana of Orwigsburg and Mark J. Wiekrykas of Mahanoy City, each declined to comment on the legislation, with Wiekrykas saying he, too, would not comment until having read the law in full.

The bill that Corbett signed underwent several changes from the original proposal that had been opposed by two prominent law enforcement groups, the Pennsylvania Chiefs of Police Association and the Pennsylvania District Attorneys Association.

Those two groups neither supported nor opposed the new version that was signed into law.

"We stayed silent on it this session," said Tom Armstrong, member services coordinator for the Pennsylvania Chiefs of Police Association, adding that the changes made to the bill prompted that decision.

Those changes included making the new law inapplicable to someone involved in criminal activity, Armstrong said.

Richard Long, executive director of the Pennsylvania District Attorneys Association, said two other changes, which made the law inapplicable when a law enforcement officer is the victim or when the shooter does not legally possess the firearm, helped his group change its position.

"They made some changes we asked for. We dropped our opposition," Long said. "We still felt it was a solution in search of a problem. We find this version much easier to live with."

Schuylkill County District Attorney James P. Goodman also said the changes helped.

"I support in general the right of individuals to protect themselves. There could have been scenarios" where criminals might have tried to use the original bill to defend themselves against law enforcement, he said.

Tobash said criminals should take no comfort in the new law.

"We're not trying to protect law-breakers," he said. "We're trying to protect innocent citizens and victims."

One group that retained its opposition to the new law was CeaseFirePA, which on June 21 delivered thousands of petitions to Corbett's office in an effort to try to get him to veto the bill.

"The last thing this state needs is a law that says when it's OK to shoot somebody," CeaseFirePA Executive Director Max Nacheman said on Tuesday. "Existing law adequately protects law-abiding citizens using deadly force in self-defense."

On the other side of the issue of gun rights, the NRA praised the new law.

"Gov. Corbett and Pennsylvania lawmakers know that law-abiding citizens must have the right to protect themselves when criminals attack without fear of being second-guessed by an overzealous prosecutor," said Chris W. Cox, executive director of the NRA's Institute for Legislative Action. "Crime victims don't have the luxury of time when confronted by a criminal and must be able to count on the law being on their side. This new law accomplishes that by removing any mandate of forcible retreat."

That also is how Combs, Minersville's police chief, views the new law - as a way to help innocent people protect themselves.

"If they're being threatened, they should have a right to defend themselves," he said.

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